HomeMy WebLinkAbout2002 11-06
Meridian City Council Meeting November 6, 2002
The Regular Meeting of the Meridian City Council was called to order at 7:20 P.M., on
Wednesday, November 6, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless, and William Nary.
Others Present: Bill Nichols, Mike Worley, Brad Hawkins-Clark, Brad Watson, Will
Berg, Ken Bowers, and Dean Willis.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: All right. Are we on? Okay. I apologize to the audience tonight for the delay of
20 minutes here, but we are getting started now and we will move right along. At this
time, I will open the City Council Regular Meeting Agenda for Wednesday, November 6,
2002, at 7:20 P.M. First off, I'd like to welcome the Troop 83 from Lowell Scott and the
Crossroads Schools. Thank you, guys, for coming tonight and glad to see your happy
faces here tonight. Maybe we can give you some information that you haven't had
before and see what a civil lesson might be here -- civics lesson, not a civil lesson. We
are very civil, but it's going to be a civic lesson as well. Mr. Clerk, if you will give us roll
call attendance, please.
Item 2. Adoption of the Agenda:
Corrie: Okay. Item Number 2 on the agenda is the adoption of the agenda. Council,
are there any corrections, alterations of the agenda?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the published agenda, we have been asked on the Consent Agenda H, I, and
J to be tabled to November 19, 2002. M we have got a letter here we need to probably
take it off and move it to 5M on the Regular Agenda. Items 6 and 7 needs to be made
into -- just eliminate seven and make six a resolution approving agreement for criminal-
legal services granting authority to the Boise City Attorney and designate to act on
behalf of the City of Meridian in criminal matters. We will eliminate Item 7 and with
those noted agenda changes, I would move that we pass the agenda.
Nary: Second.
Corrie: Okay. Motion has been made and seconded with the changes. Any further
discussion?
Meridian City Council
November 6, 2002
Page 2 of 38
Hawkins-Clark: Excuse me, Mr. Mayor.
Corrie: Yes.
Hawkins-Clark: One of the consent items we did have a change on at staff level. Is it
possible to request -- speaking of Item K on your consent, the Castlebrook Subdivision
annexation and zoning findings, is it possible to move that to Item 5?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: My motion can certainly note that we will move to that 5K on the Regular Agenda.
Hawkins-Clark: Thank you.
Corrie: Okay. Second, agrees?
Nary: Second approves.
Corrie: Any other changes? Okay. Roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. October 1, 2002
Approve minutes of Pre-Council Meeting:
B. October 8, 2002
Approve minutes of Pre-Council Meeting:
C. October 8, 2002
Approve minutes of City Council Regular Meeting:
D. October 15, 2002
Approve minutes of Pre-Council Meeting:
E. October 15, 2002
Approve minutes of City Council Regular
Meeting:
F. October 22, 2002
Approve minutes of City Council Pre-Council
Meeting:
G. October 22, 2002
Approve minutes of City Council Regular
Meeting:
H. Tabled from October 22, 2002: Findings of Fact and
Conclusions of Law for Approval: AZ 02-010
Request for
Annexation and Zoning of 354.38 acres from RUT to R-4 zones for
Lochsa Falls Subdivision
proposed by Farwest LLC and Daniel
Meridian City Council
November 6, 2002
Page 3 of 38
Gibson – south of West Chinden Boulevard and west of North
Linder Road:
I. Tabled from October 22, 2002: Findings of Fact and
Conclusions of Law for Approval: PP 02-009
Request for
Preliminary Plat approval of 856 building lots and 59 other lots on
Lochsa Falls
354.38 acres in a proposed R-4 zone for proposed
Subdivision
by Farwest LLC and Daniel Gibson -- south of West
Chinden Boulevard and west of North Linder Road:
J. Tabled from October 22, 2002: Findings of Fact and
Conclusions of Law for Approval: CUP 02-012
Request for a
Conditional Use Permit for a PUD for 862 single family dwellings,
171 multi-family dwellings, 11 office buildings, one commercial
building, one fire station lot, one city park and one private park for
Lochsa Falls Subdivision
the proposed by Farwest LLC and
Daniel Gibson – south of West Chinden Boulevard and west of
North Linder Road:
L. Findings of Fact and Conclusions of Law for Approval: PP 02-
016
Request for Preliminary Plat approval of 120 building lots and
11 other lots on 39.96 acres in a proposed R-4 zone for proposed
Castlebrook Subdivision
by Crestline Development LLC – 950
North Black Cat Road:
N. Findings of Fact and Conclusions of Law for Approval: CUP
02-024
Request for a Conditional Use Permit proposing two
buildings with drive-thru windows and two buildings on recorded lot
Silverstone Corporate Center
in a C-C zone for by The Sundance
Company – southeast corner of East Overland Road and South
Eagle Road:
O. Findings of Fact and Conclusions of Law for Approval: AZ 02-
019
Request for annexation and zoning of 5.01 acres from RUT to
Drawbridge Subdivision
R-3 zones for proposed by Pinnacle
Engineers, Inc. – 4365 North Ten Mile Road:
P. Findings of Fact and Conclusions of Law for Approval: PP 02-
015
Request for Preliminary Plat approval of 9 building lots and 4
other lots on 5.01 acres in a proposed R-3 zone for proposed
Drawbridge Subdivision
by Pinnacle Engineers, Inc.– 4365 North
Ten Mile Road:
Q. Water Main Easement for Locust Grove LDS Stake Center:
R. Water Main Easement for Silverstone Subdivision – Sundance
Investments Limited Partnership:
S. Sanitary Sewer Easement for Treasure Valley Business Center
Meridian City Council
November 6, 2002
Page 4 of 38
Phase I – Gemtone, Inc.:
T. Sanitary Sewer and Water Easement – Marcon, Inc.:
U. Sanitary Sewer and Water Easement – Ronald Van Auker:
V. Sanitary Sewer and Water Easement – Haz-Tech Holding, Inc.:
W. Sanitary Sewer and Water Easement for Turtle Creek
Subdivision No. 3 – Ernest, Ross & Kisler:
X. Agreement for Professional Services, Waste Water Treatment
Plant Computerized Operations & Maintenance Manual –
Brown and Caldwell:
Y. Approve Bills:
Corrie: Item Number 3, then, is the -- we have the Consent Agenda, then, before us.
Council?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with the changes of H, I, and
J being tabled to November 19, 2002, at the request of the applicant, moving Item K to
5K on the Regular Agenda, and Item M to 5M on the Regular Agenda. With that,
passing all the other Consent Agenda items and where needed to authorize the Mayor
to sign and the Clerk to attest.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Then
roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Mayor’s Office:
1. Re-appointment of Clarence Jones to Meridian Development
Corporation Board:
Meridian City Council
November 6, 2002
Page 5 of 38
Corrie: Item Number 4 is Department Reports the Mayor's Office -- the Mayor would like
to reappoint Clarence Jones to the Meridian Development Corporation Board. He's
served on that last year and he has consented to -- for the reappointment to that board.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve Clarence Jones to the MDC Board for the term of
the next three years -- a three-year term.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? All
those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5. (Items Moved from Consent Agenda)
K. Findings of Fact and Conclusions of Law for Approval: AZ 02-
020
Request for annexation and zoning of 39.96 acres from RUT
Castlebrook Subdivision
to R-4 zones for proposed by Crestline
Development, LLC – 950 North Black Cat Road:
Corrie: Item Number 5 is items moved from the Consent Agenda. The first will be 5K,
that would be the Findings of Facts and Conclusions of Law for approval and request for
annexation, and zoning of 39.96 acres from RUT to R-4 zone for proposed Castlebrook
Subdivision by Crestline Development, LLC, 950 North Black Cat Road. Staff, this is
your --
Hawkins-Clark: Yes. Thank you, Mayor. The Ada County Highway District conditions
are listed in the annexation and zoning from their first report, so there are Items Number
3 and 4 on Pages 3 and 4 are requiring them to provide two access points. At your last
meeting, the plat that you approved only had one access point out to Black Cat Road.
ACHD's conditions are correct, so I would just recommend that we delete Items 3 and 4
on Pages 3 and 4 and those same items are also on Page 12, so it is duplicated twice.
That's -- and we could simply reference that the applicant comply with Ada County
Highway District approved conditions on those.
Corrie: Okay. Anything else, Brad?
Hawkins-Clark: No. Thank you.
Corrie: Okay. With that in mind, Council?
Bird: I have no questions.
Corrie: Yes.
Meridian City Council
November 6, 2002
Page 6 of 38
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Finding of Facts and Conclusions of Law for
approval of AZ 02-020, the request for annexation and zoning of 39.96 acres from RUT
to R-4 zone for proposed Castlebrook Subdivision by Crestline Development, LLC, 950
North Black Cat Road and take -- and use the Ada County Highway District conditions,
instead of the ones that are published in 3 and 4 and -- on Page 3 and 4 and Page 12 of
the Findings of Fact.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
M. Findings of Fact and Conclusions of Law for Approval: CUP
02-023
Request for a Conditional Use Permit to place a Class A
manufactured home on a permanent foundation in an L-O zone for
Treasure Valley Worship Center
by Treasure Valley Worship
Center – 50 West Spicewood Drive:
Corrie: The next one is Item 5M. This is the Findings of Facts and Conclusions of Law
for approval of a CUP, excuse me, request for a Conditional Use Permit to place a
Class A manufactured home on a permanent foundation in an L-O zone for Treasure
Valley Worship Center by Treasure Valley Worship Center, 50 West Spicewood Drive.
Who would like to take that? We have got a letter from the --
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: We have got a letter here stating some site-specific conditions for approval that he
doesn’t agree with. I don't know if Legal Counsel has a view on that or what. I'd like to
here from Mr. Nichols.
Corrie: Okay. Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, Pastor Slider called me Monday, I was
able to actually speak with him on Tuesday. He called my office on Monday. These
conditions of approval were taken from an ACHD letter that listed their conditions.
Following our practice, we have tried to put all of the various agency conditions of
approval in one document and findings and so these documents -- or these specific
Meridian City Council
November 6, 2002
Page 7 of 38
conditions were taken from that ACHD letter and put into the findings. There was some
discussion at the Council level about this proposed parking lot not being developed
immediately, but there was also some discussion at the Council about parking for the
folks attending the church. I simply told Pastor Slider he needed to get it in writing, get
it to the Clerk, so you could discuss these conditions as to whether you can -- if you
take them out, they are still in the ACHD letter. He's still got to go back to ACHD and
get them to modify these things. But there was some sentiment, I think, in your
discussion that they not be required to immediately build that parking lot in order to put
this modular building in place. That was just one of those things that comes up that
needs some discussion and you can clarify what your actual decision was, so that we
get it straight and I think the representative is here to discuss it with the Council if you
need the church's view, I guess.
Corrie: Okay. Would the representative for the church like to address the Council?
Name, please, for the record.
Cruz: My name is David Cruz, I'm the Assistant Pastor at Treasure Valley Worship
Center and I live at 181 North Liberty in Boise. We would just like to clarify the
discussion we had here a couple weeks ago. The Conditional Use Permit was granted
for -- requested, primarily, dealing with a manufactured home. Now, we submitted a
comprehensive site plan to the city, P&Z as well as, stating the entire Comprehensive
Plan. However, at this time all we were concerned with was a manufactured home. As
you all remember, we had quite a lengthy discussion about the parking situation and it
was agreed that we had six months to come up with a temporary solution and we had
24 months to come up with a completed solution. Now, the conditions that were laid
down by ACHD affected the entire Comprehensive Plan. We were not requesting at
this time to go ahead with the parking lot and that's what those conditions there are in
regards to is for the parking lot, the curb cuts, the setbacks, and et cetera, et cetera.
That's what ACHD was addressing in this issue here. We feel at this time that that does
not apply to our Conditional Use Permit request and --
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would agree with it, but it's not our conditions to take off. I guess we
always adopt the recommendations from other entities and I don't know -- if our attorney
says we can take it off and then you need to address that issue with ACHD. Then I'm
okay with that, but at this point, I don't know, since we do adopt their recommendations,
if it's our place to remove those conditions. It would just be our recommendation to do
so. I don't know --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: What we could do is on that Page 6, I think, on that Sub B, we could insert
language that reflects the condition that is found on Sub E-1, which talks about what we
were talking about with the church, was the temporary off-street parking and permanent
Meridian City Council
November 6, 2002
Page 8 of 38
parking. What we can reflect in our findings is that prior to -- like the language stated in
Number 8. Prior to November 1st of 2004, when the applicant is required to provide a
permanent parking facility, they shall comply with the requirements of the Ada County
Highway District. They will still need them to approve that, but then our findings would
reflect what we -- when we didn't -- we weren't concerned about what road requirements
that they imposed at the time when the permanent parking facility is supposed to be
established. I think that's where the friction is here, am I reading that correctly?
Cruz: Right. It was --
Nary: So if we amended our finding simply to reflect that prior to the required date of
November 1, 2004, when the applicant is going to build the permanent parking facility
as required, they shall comply with the recommendations of the Ada County Highway
District. Like Mr. Nichols said, you will still need them to approve it, because right now,
the way it reads, before you can even do what you want to do now, you have to do this.
You're going to still need them to buy off on that and recognize that there is a delay here
that we agreed to and that they will probably be fine with it, but you still need to cover
that base, even if we change our Findings. But that would reflect what we wanted, I
think.
De Weerd: Yes is that a motion?
Nary: I could make that a motion.
Corrie: Anything else?
Cruz: No.
Corrie: All right. Thank you. Okay. The chair will entertain a motion, then.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move that we approval CUP 02-023, the request for Conditional Use
Permit to place a Class A manufactured home on a permanent foundation in an L-O
zone for Treasure Valley Worship Center by Treasure Valley Worship Center, with
Findings of Facts and Conclusions of Law and Decision and Order as presented, with
only the following amendments. That Subsection B be amended to read -- to insert the
language that would read that pursuant to the requirement of Subsection E, prior to
st
November 1 of 2004 the applicant -- when the applicant is -- before the applicant
begins construction of the permanent parking facilities as required. They shall meet the
recommendations of the Ada County Highway as follows -- and then the rest of the
language can stay the same.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded for the amendment. Any further
discussion? Hearing none, roll call vote, Mr. Berg.
Meridian City Council
November 6, 2002
Page 9 of 38
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes. Mr. Nichols, if you will handle that, please.
Nichols: Mr. Mayor, Members of the Council, as soon as we have got the minutes so
I'm sure I have got the right thing, we will get some amended findings out.
Corrie: All right. Very good. Thank you.
MOTION CARRIED: ALL AYES.
Item 6. Resolution No. : Approving Agreements for
Civil and Criminal Legal Services:
Item 7. Resolution No. : Granting Authority to the
Boise City Attorney and Designees to act on behalf of the City of
Meridian in Criminal Matters:
Corrie: Item Number 6, as also Item Number 7, will be Resolution Number 02-394
approving the agreements for the criminal-legal services and granting authority to the
Boise City Attorney and designees to act on behalf of the City of Meridian in criminal
matters. At this time I would like to have, the City Clerk read Resolution Number 02-394
by title only at this time.
Berg: Thank you, Mr. Mayor, Members of the Council Resolution 02-394 by Council:
Bird, de Weerd, McCandless, Nary. A resolution ratifying the Mayor and City Clerk's
signature in approving the agreement for the appointment of the City of Boise to perform
prosecutional and police legal advisor duties for the City of Meridian, designating the
Boise City attorney or her designees to represent the City of Meridian in all criminal
matters before courts of the Fourth Judicial District as prosecuting attorney and
providing an effective date.
Corrie: Okay. You have heard the reading of Resolution Number 02-394 by title only.
Is there anyone from the audience that would like to have it read in its entirety? Okay.
Worley: Mr. Mayor?
Corrie: Yes. I'm sorry. Chief.
Worley: Mr. Mayor, I'd like to request if we could amend the resolution to also include
the Third District, since we have entered into an agreement with the City of Nampa,
there may be a possibility that we could wind up appearing in Third District Court as
well.
Corrie: Okay.
Nary: Mr. Mayor, just so the record is clear on this particular item, I'm going to choose
to abstain, since it does involve my office.
Meridian City Council
November 6, 2002
Page 10 of 38
Corrie: So we have the Fourth and the Third Judicial District.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Resolution Number 02-394, approving the
agreement with the Boise City Attorney Office for the criminal-legal services and
designees to act on behalf of the City of Meridian in criminal matters and also to add
District Three to District Four as the area covered.
McCandless: Second.
Corrie: Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, abstain; DeWeerd, aye; Bird, aye.
Corrie: Okay. Motion is approved. Thank you.
MOTION CARRIED: THREE AYES ONE ABSTAINED
Item 8. Ordinance No. : RZ 02-002
Request for a
Holy Nativity
rezone of 1.52 acres from R-4 to L-O zones for the
th
Episcopal Church
by the Holy Nativity Episcopal Church – 1021 West 8
Street:
Corrie: Item Number 8 is an Ordinance Number 02-980 -- okay. I'm sorry. I was
reading the top. This is a request for a rezone of 1.52 acres from R-4 to an L-O zone
for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church, 1021
th
West 8 Street. At this time I'd like to have the City Clerk read the Ordinance 02-980 by
title only.
Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-980. An
ordinance finding that the owner Episcopal Diocese of Idaho for certain real property
has made a written request for rezone of the zoning classification for real property that
lies within the boundaries of the City of Meridian from R-4, Low Density Residential
District -- zoning district, to L-O, Limited Office District, as defined in the Meridian City
Code Section 11-7-2-G, repealing all ordinances, resolutions, orders or parts thereof, in
conflict herewith, and directing the city engineer to add said rezoning designation to the
official maps of the City of Meridian, Idaho.
Corrie: Thank you. You have heard the reading of Ordinance Number 02-980 by title
only. Is there anyone from the audience that would like to have it read in its entirety?
Thank you. If there is no further discussion, I will entertain a motion.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Council
November 6, 2002
Page 11 of 38
Bird: I move that we approve Ordinance 02-980, request for a rezone of 1.52 acres
from R-4 to L-O zones for the Holy Nativity Episcopal Church by the Holy Nativity
th
Episcopal Church at 1021 West 8 in Meridian, Idaho, and that we approve this with the
suspension of rules.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to approve with suspension of
rules. Is there any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion for Ordinance Number 02-980 is approved.
MOTION CARRIED: ALL AYES
Item 9. Ordinance No. : AZ 02-017
Request for
Ronald
annexation and zoning of 5.41 acres from M-1 to I-L zones for
Yanke property
by Ronald Yanke and Walter T. Sigmont Jr.– northwest
corner of East Franklin Road and North Eagle Road on East Lanark
Street:
Corrie: Item Number 9 is an Ordinance Number 02-981. This is a request for
annexation and zoning of 5.41 acres from M-1 to an I-L zone for Ronald Yanke property
by Ronald Yanke and Walter T. Sigmont, Jr., northwest corner of East Franklin Road
and North Eagle Road on East Lanark Street. At this time I would like to have the City
Clerk read Ordinance Number 02-981 by title only.
Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-981. An
Ordinance finding that certain land to be known as Ronald Yanke property located at
the northwest corner of East Franklin Road and west of North Eagle Road and East on
Lanark Street, which lies contiguous or adjacent to the city limits of the City of Meridian,
County of Ada, State of Idaho, and finding that the owners Ronald Yanke and Walter T.
Sigmont, Jr., have made a request for annexation in writing to the Council and that said
land be annexed into the City of Meridian and zoning designated as Light Industrial
District (I-L), and declaring that said land, by proper legal description as described
below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all
ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the
city engineer to add said property to the official maps of the City of Meridian, Idaho, and
directing the Clerk of the City of Meridian to file a certified copy of the ordinance and
map of the areas to be annexed to the Ada County recorder, auditor, treasurer and
assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code
Section 50-223 and Section 63-2215.
Corrie: Okay. You have heard the reading of Ordinance Number 02-981 by title only.
Is there anyone from the audience that would like to have it read in its entirety? Hearing
none, Council, any further discussion? I will entertain a motion.
De Weerd: Mr. Mayor?
Meridian City Council
November 6, 2002
Page 12 of 38
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request -- or Ordinance Number 02-981, request for
annexation and zoning of 5.1 acres from R-1 to I-L zones for Ronald Yanke property
and to -- with suspension of rules pursuant to Idaho State Code and ask the Mayor to
sign and the Clerk to attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Item 10. FP 02-022
Request for Final Plat approval of 75 building lots and 10 other
Cedar Springs Subdivision No. 2
lots on 24.60 acres in an R-4 zone for
by Howell-Murdoch Development Corporation – northwest of North
Meridian Road and West Ustick Road:
Corrie: Item Number 10 is a request for Final Plat approval of 75 building lots and 10
other lots on 24.60 acres in an R-4 zone for Cedar Springs Subdivision No. 2 by Howell-
Murdoch Development Corporation, northwest of North Meridian Road and west of
Ustick Road. At this time, I will have staff comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council this item is the second
phase of Cedar Springs Subdivision. The phase is immediately north of Meridian
Settlers Park, which is the large purple area there. This is the phase that, as you may
recall, had a lot of discussion about the entrance road from Meridian Road abutting the
park's north boundary. They have designed the Final Plat in accordance with the
Preliminary Plat that you approved, which does have a planter -- a landscape island
here, so that the frontage road does not go all the way across the north part of the park.
This will be signed no parking along the north boundary there. Staff has reviewed the
Final Plat we have made conditions dated October 29, 2002. We also have received a
written response from Mr. Daren Fluke representing the applicant -- or representing the
st
developer. Mr. Fluke's letter is dated October 31 and he has responded to all of staff's
recommended conditions. There are no issues to point out to the Council. They are in
agreement with everything we have recommended. There are several modifications to
the Final Plat that we have requested, so they have agreed to make those and we will
check those at the time of submittal for plat signature. We are recommending approval
th
of the Final Plat with the conditions recommended in our October 29 memo.
Corrie: Any questions of staff from Council?
De Weerd: Mr. Mayor?
Meridian City Council
November 6, 2002
Page 13 of 38
Corrie: Mrs. de Weerd.
De Weerd: I guess just out of curiosity, the western portion of this first phase, how do
they get out of the subdivision? The road where that planter is to be built, it doesn't
show a road that connects that portion to the first portion where the entrance is off of --
off of Meridian Road.
Hawkins-Clark: Councilwoman de Weerd, you're referring to this here where the arrow
is?
De Weerd: Yes. Yes, I was.
Hawkins-Clark: The note that is here to the north points out Cedar Springs Subdivision
Number 1 and, I'm sorry, I don't have a copy of that plat here to put up onto the screen,
but it does show a connection there. There will be connections from Phase 1, which is
on the north side of this, to Phase 2.
De Weerd: Oh. Okay.
Hawkins-Clark: So Phase Number 1 just isn't shown.
De Weerd: Looking at it in phases sometimes is really interesting.
Corrie: Is the developer's representative here this evening? Come up here just a
second and put it on record that what our staff has said that you -- anything needed?
No questions, no comments, and no problems?
Fluke: Mr. Mayor, Members of the Council, Daren Fluke, JUB Engineers, 250 South
Beechwood in Boise. We are in agreement with the staff conditions and have made the
required revisions to the plat, so --
Corrie: Okay. Thank you. Council, I assume you have no questions. Okay. Hearing
that, any further discussion? I'll entertain a motion on the Final Plat request.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I move we approve the request for Final Plat approval of 75 building lots
and 10 other lots on 24.60 acres in an R-4 zone for Cedar Springs Subdivision No. 2 by
Howell-Murdoch Development Corporation, northwest corner of North Meridian Road
and West Ustick Road and ask the attorney to draw up the proper papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded for the approval of the request. Is
there any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Meridian City Council
November 6, 2002
Page 14 of 38
Corrie: All ayes. The request is approved.
MOTION CARRIED: ALL AYES
Item 11. Public Hearing: AZ 02-015
Request for annexation and zoning of 1.7
James R. Wylie
acres from RUT to C-G zones for by James R. Wylie –
northeast corner of Venture Street and East Fairview Avenue:
Corrie: Item Number 11 is a Public Hearing. This is a request for annexation and
zoning of 1.7 acres from RUT to C-G zone for James R. Wylie by James R. Wylie,
northeast corner of Ventura Street and East Fairview Avenue. At this time, I will open
the Public Hearing and invite staff comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. To orient you a little bit,
the subject property is located here at the northeast corner of Venture and Fairview.
The Wal-Mart is on this parcel here. The cemetery is on the -- to the east of Venture
here. The parcel is -- here is a shot of it. It's currently a vacant piece of ground. It is
1.7 acres in size. The request is to annex to the city with a C-G zone. The
Comprehensive Plan does designate -- the 2002 Comprehensive Plan, which Mr. Wylie
did submit after that Comprehensive Plan was approved, does show the parcel as
commercial, so the requested C-G zone does comply with our Comprehensive Plan.
The Planning and Zoning Commission has made a recommendation to you of approval.
There is no site plan at this point in time, they are simply asking for annexation and the
Planning and Zoning Commission recommended, because of that that a development
agreement be entered into. That's Item Number 2 on Page 2 of their recommendation
and that a Conditional Use Permit be required for all future development on the 1.7 acre
parcel. Any development on this piece would have to be Public Hearing in the future, so
all adjacent property owners would be notified, et cetera. Other than that, I think the
recommendation is accurate and be happy to answer any questions if you have any.
Corrie: Questions, Council?
Bird: I have none.
Corrie: All right. Thank you, Brad. This is a Public Hearing. We will give the applicant
five minutes to -- if they need it, to make the request and then we will have testimony
from the public for three minutes each and after it's over, the applicant will have -- again
have three minutes to five to give any answers that might come up in the Public
Hearing. Is the representative of the request for the annexation here this evening?
Raise your right hand, please. Is the testimony you're about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Wylie: Yes, sir.
Corrie: Name and address, please, for the record.
Wylie: James R. Wylie. 1676 North Clarendon Way, Eagle, Idaho 83616. Mr. Mayor,
Members of the Council, we have this property -- I own this property. We brought it
forward to you today to try and get annexed and rezoned as in the package. We don't
Meridian City Council
November 6, 2002
Page 15 of 38
currently have a Development Plan for it or any tenants. What I like to do is build
buildings and then lease them out to tenants. I generally try and build multi-tenant
buildings. We don't have anything at this point, because we haven't been able to
actively market it, because we are not -- we don't have the commercial designation or
zoning. If we could get that, then it's easier for us to be able to market it to different
tenants. The adjacent property to the east is also commercial and kitty-corner, of
course, is Wal-Mart. The cemetery is to the south and then the residential is to the
north. Venture Street has been -- ACHD has requested we do some improvements on
Venture Street, which we agreed to, when we get ready to do a development, and we
are trying to also work that out with them to use Fairview Avenue as an access point
along the adjoining property line to the east. The adjoining property is Petals and
Stems and they have an existing driveway there. We would widen that to encompass
our side of the property also and that also lines up with an adjoining -- or an approach
on the south side which goes towards the cemetery -- or goes into the cemetery. We
feel that we have met the issues of traffic with ACHD, we are in compliance with the
new Comprehensive Plan, and I would request your approval for this project -- or for the
rezone and annexation. I'm here to answer any questions.
Corrie: Thank you.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Mr. Wylie, you say on the east side next to -- between the house and your
property, there is an existing cut to Fairview there.
Wylie: Yes.
Bird: There is a driveway that --
Wylie: Yes. There is an existing driveway and we would --
Bird: Into Fairview?
Wylie: Yes. Right now, it's more of an alley than anything else, but it is an existing
approach and I have talked with the owner of that and he is more than happy to improve
that into a wider --
Bird: I did not realize that that is a -- that's a curb cut there into Fairview. I knew there
was a little horse path.
Wylie: It's far enough back from the intersection and across the street from the
cemetery’s approach, it lines up just about exactly that ACHD was happy to --
Bird: You don't have any curb cuts off of your property to the south right onto Fairview
you would either have to go onto Venture or this one to the east?
Wylie: That's correct.
Meridian City Council
November 6, 2002
Page 16 of 38
Bird: I have nothing further.
Corrie: Any other questions? Okay. Thank you.
Wylie: Thank you.
Corrie: Is there anyone else here that's for this request for annexation? I have -- is this
Renee or -- is that -- okay. That's you. All right. Okay. Anyone else? Okay. Now,
those who might speak against this. I have Linda Duer. Is she here?
Duer: Can we exchange, because he --
Corrie: Sure.
Duer: Then I can go on, because he has another meeting.
Corrie: Okay. That would be fine. Is the testimony you're about to give the truth, the
whole truth, and nothing but the truth, so help you God?
Bradford: I do.
Corrie: Give your name and address, please.
Bradford: Tom Bradford. You will have to excuse me. My hearing is completely shot
and I have hardly heard a word that you all are saying, so I'm -- you can laugh at me for
a few minutes, I have not heard a thing that Mr. Wylie has said. If could I show you --
Corrie: Okay. Take that mike over there -- take that mike right there and speak into
that.
Bradford: I'm a resident right here. I have just three things to express. First of all, the
reason we have a zoning is for you all to protect our quality of life in Meridian, so we are
asking to you just -- and I don't know what's going on with Mr. Wylie. I don't know what
he has in mind, but right here is our only -- only access to Fairview is this road right
here. We have no other way of getting onto Fairview, except through here. I have a
concern of what this might do traffic wise for our children and all that. Mind you, this is
Wal-Mart here, there is a whole bunch of traffic here anyway at this intersection, and
getting in here sometimes can be interest anyway. If this becomes commercial, it could
be real interesting for us to get onto Fairview. That's just one thing I have to say. The
other one -- I know I have got to be quick. Another one is right now we are on wells and
our drinking water is from this area in here, it's on wells and septic tanks, and like -- I
don't know, but I'd had to think there would be a gas station that might go in here. I
don't know what's been said or not, but, you know, we all know that the Army never
poisons -- tests nerve gas on its population and all those kinds of things, that never
happened. I'd sure hate to think that the well water in here could just potentially be
contaminated for me and my children, you know. That's all I have got to say and I will
be quiet. Thank you for patience.
Corrie: Thank you, Tom.
Meridian City Council
November 6, 2002
Page 17 of 38
Bradford: Thank you.
Corrie: Thank you. Linda. Raise your right hand. Is the testimony you're about to give
the truth, the whole truth, and nothing but the truth, so help you God?
Duer: Yes, it is.
Corrie: Give your name and address, please.
Duer: My name is Linda Duer, I'm a homeowner in the Venture Subdivision, 4260
Venture Place. My husband and I strongly are against this rezoning for the following
reasons. The intersection at Venture Street on Fairview is already a problem
intersection. The ACHD has already had to install extended curb dividers to keep the
Wal-Mart traffic from coming down the centerline blocking access onto Venture Street.
There have been several accidents at that intersection and the entrance into Wal-Mart.
There is even -- now there is even more traffic, because of the new subdivision which is
that street that comes right across there right next to Wal-Mart. All of those homes are
using that now. ACHD has no plans, no intention for any traffic light there, so that when
these people, when they turn -- okay. When these people here come out here to make
a left-hand turn, they are -- okay. Right. They have to come right here. There is a curb
divider that comes right here to the middle of this intersection and so now, these people
are turning here and stopping blocking us from going this way. We have already got
that problem and there is hardly anybody even living down here right now. Okay. Let's
see. Directly across -- so there is more traffic being added with the new subdivision. If
you add an entrance off of Venture Street for this potential new retail development, it will
be nothing short of a disaster waiting to happen. I think you know the accident reports,
all the accidents that have already occurred there. The fact that the access to this
property must be made on Venture Street is totally unacceptable. It will disrupt our
whole rural lifestyle the neighborhood has there. You are here to protect our
neighborhood, our lifestyle here, and what it's doing is totally turning it into a total retail
complex along there. We realize we are only 14 houses in there, but we sure are trying
to keep the rural lifestyle that we have. Our children ride and play along there. I have
horses that I load and unload along there. Adding -- if you add a retail section into that,
its adding lighting. All you have to do is go down to Cloverdale and Fairview and look at
the Phillips 66 and, my gosh, that whole place is lit up like daylight there. We are
worried about the devaluation of our property having that retail. Studies have shown in
cities all over the United States that once retail comes in it is only a matter of time that
the residential property values decrease, the houses become rentals, rentals become
commercially zoned and so on. In addition, Mr. Wylie has not taken the time to meet
with us as a neighborhood and before he even planned this application, his posting of
the public notice hearing is acceptable. It was on a sign that you could barely see
above the brush and unless you were a homeowner, you would not have known that
this was even taking place. Mr. Wylie does not have a concrete plan for what he wants
to develop here. What he actually probably wants to do is cash in on the retail boom
along Fairview at our expense. If Mr. Wylie were a homeowner there, perhaps he would
see this in a different light. This area already has a variation of land use that surpasses
anything in Meridian. Where else can you find a school mixed in with light industrial, a
strip mall next to a cemetery, a farmer's field where with a permit it's still okay to hunt,
and throw in some soccer fields and, congratulations, you now have traffic that rivals
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November 6, 2002
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Meridian and Fairview. I strongly urge that you, please, deny this rezoning application
until Mr. Wylie knows exactly what will be put on this land and to deny access onto
Venture Street. Thank you.
Corrie: Thank you. Excuse me, Linda. Is that still a dirt road that you're going back into
or is that --
Duer: No. It's paved.
Corrie: It's paved.
Duer: Yes.
Corrie: Okay. Bill Hall? Raise your right hand. Is the testimony you're about to give
the truth, the whole truth, and nothing but the truth, so help you God?
Hall: It is.
Corrie: Name and address, please.
Hall: My name is William G. Hall. I live at 4225 Venture Place. My property is on the
north part of Mr. Wylie's property. I probably have close to two-thirds of the area that
his property abuts to. I can't really -- right there. That's my home. I have lived there for
27 years. I just spent 40,000 dollars on my house this last three months and, like Ms.
Duer said, I would really hate to see my property values go down. As she said, there
are real problems there with traffic. She didn't mention we have a lot of u-turns that
come down our subdivision. That street is dead end and you can sit there -- and I'm not
exaggerating, you will probably see 10 or 15 of those every 20 minutes, people turning
around. There is so much gravel at the entrance to our street from people hitting the
shoulders that it's really difficult to even stop. It's just like stopping on ice right now.
Our new -- when I moved in there 27 years ago, I knew this was going to happen and I
know what Mr. Wylie is trying to do, he's trying to make a living, but there is some things
that really concern me and my family. The first thing is I know there is a definition of
retail and what we are concerned about is something that's going to bring in a lot of
traffic. That little area right there can't take much more traffic. Like Linda said, when
PAL has their soccer going, traffic backs up passed our street right there from people
trying to get into the fields. If you put a commercial development in there that's going to
take two to 300 cars a day or more -- I don't know what Mr. Wylie has planned, but you
can imagine what kind of impact that would have on our street right there. Like Mr.
Bradford said, he has two small sons -- we have several small boys that live in there
and play, about seven or eight of them, and they. Play on that street and if you put a lot
more traffic on there, it is going to be devastating for some of our families there. Like I
said, my main concern is the retail -- what I call retail, a Burger King -- I mean a
restaurant would just totally ruin our neighborhood. The aroma from the restaurant, you
would smell that all the time and if you have a business that is open seven days a week,
12 hours a day or more, I mean that would really be tough on us. Then -- if you could
turn that back that shows the picture of the property. I planted all those trees there 27
years ago. I planted those for the purpose so that when this did happen I would have
some kind of a break, but if you put in a decent size commercial development in there, I
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November 6, 2002
Page 19 of 38
don't know what it's going to be like in there. It will be daylight 24 hours a day so that's -
- in essence, that's really what my concern is, is the traffic and generating more traffic,
along with having something like a restaurant in there. Something -- I realize it's
commercial property and Mr. Wylie bought it for that purpose. I realize that that's going
to happen ultimately, but I hope you folks would help us make sure that we can keep
our quality of life that we have right there by having something like light office,
something like we were talking about. Okay. Thank you.
Nary: Mr. Mayor?
Corrie: Bill, one question. Mr. Nary.
Nary: Mr. Hall, we had hearings for two years on our Comprehensive Plan and on this
particular piece of property I believe it was commercial the entire time on the
Comprehensive Plan and I can't think of one person that came and talked to us about it.
Hall: Well, Number 1 I didn't get notice of it. Number 2, that property has been
residential until the time you folks passed that.
Nary: Right. What I'm saying, Mr. Hall, is that in the Comprehensive Plan it was always
proposed to be potentially commercial in the future, so -- and we had two years of
hearings on this, so I'm just wondering --
Hall: I didn't know anything about it. Just for example, you built Wal-Mart over there. I
live within 150 feet, 200 feet of there, you folks didn't even bother to contact any of us in
the subdivision. We didn't even know that was being built until it was built and that's the
law that you guys have to tell people that it impacts. That impacts us greatly there so,
honestly, if I had known that this was going on, I would have been there at those
meetings. I have talked to my neighbors and told them. They wouldn't even know
what's going on here tonight if I hadn't have gone to all my neighbors homes and told
them about this meeting tonight, if they had concerns be sure and come here. It's like
you said, I mean what Mr. Wylie did, he posted a meeting like he's supposed to by law,
but nobody can see it and you wouldn't even look for it if you didn't know there was
something going on. You know, it's just the way the laws are. It doesn't communicate
as well as it should, Mr. Nary.
Nary: So you didn't receive mailed notice at all?
Hall: Not that I'm aware of, we are watching that very carefully and we are especially
watching the farm across the street, because we know that's going to be developed
sooner or later, too, and that will have a big impact on lives there, too. Thank you.
Corrie: Renn -- what's the last name?
Earl: Earl.
Corrie: Earl. Okay. Raise your right hand. Is the testimony you're about to give the
truth, the whole truth, and nothing but the truth, so help you God?
Meridian City Council
November 6, 2002
Page 20 of 38
Earl: It is.
Corrie: Name and address, please.
Earl: I am Renn Earl. I live at 1920 North Venture Street, which is right on the map. I
didn't -- when I looked at your Comprehensive Plan -- and I was not aware that there
was Comprehensive Plan Hearings in the works or I would have been there. It was
difficult for me to tell, when I found that out on the postings on the web, our whole
neighborhood is in violation of your Comprehensive Plan. We are a residential street
and as best, I could tell our whole block back there is slated to be commercial. I was
here first so I'd rather it not go commercial and this whole chunk of property -- that was
one issue. I know that we -- commercial property does retard the value of home sales.
Most everyone has taken all of my little -- stolen my thunder. I can say that Mr. Wylie
has not taken care of this property. You can't see it right now, but it came up after I
mowed it, but I took my tractor and my deck mower and I mowed it, because of the
weeds. If I charged the same fee that the City of Meridian charged for the city -- for the
52 acres and they charged 8,000 dollars, he would owe me a chunk of change. My
home being in this area has put me in danger of vehicular accidents. What you cannot
see is ACHD has -- may I approach this? We have appealed and ACHD has said that
we need 100 cars per hour before get we will get a stoplight. Barring that, what they are
going to do is put in another yellow cemented protected left turn lane, such that these
people, when they want to turn in here, are protected from this traffic coming over and
turning left. There will be no access from that property from this -- from Fairview this
side turning to that direction, so they will have to be forced to come out on our street.
When they do and realize that they are going the wrong way, they are going to go
roaring down -- my house is right here. They are going to go roaring down Venture
Street, turn around, and then come back at even faster rates of speed. I have backed
my tractor out on several occasions to stop people in little tiny sports cars from running
over my children who are on bikes. I have two small children, one older child, and four
ducks, about six geese, and two dogs and a cat. It's a wonderful neighborhood. I would
really invite all of you to come and look at the proposal to see what you're doing to our
th
community. If it must go into the 20 century -- and I would argue fighting -- could we
ask for a Conditional Use Permit be enforced to smaller 8:00 to 5:00 businesses when
we can -- when on Saturdays it wouldn't have as much business roaring down our street
and disrupting our point of life and after 5:00 and that sort of thing. I would really
appreciate your consideration.
Corrie: Thank you. Mr. Hall. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Did you go to the Planning and Zoning Commission Hearing?
Earl: did.
Nary: Okay. Because that's what they recommended was exactly what you just said.
Meridian City Council
November 6, 2002
Page 21 of 38
Earl: They said a Conditional Use Permit, but it was not clarified. In fact, it was not -- it
was stipulated by the gentleman that sat where Mrs. de Weerd was --
De Weerd: Mr. Centers.
Earl: -- said that they would block a bus station, industrial factories, a hotel, motel --
those were three of the things that he rattled off the top of his head as being excluded
from putting there, obviously, because of the size of the property you could not. It was
not stated that they would consider excluding for what kind of businesses that they
would be willing to hear from, i.e., dentists, doctors -- I don't know what you call that.
I'm not a businessman. I'm not --
Nary: Light office.
Earl: Light office.
Nary: You're talking two different things here, just so that you understand. Okay?
What they recommended was a Development Agreement, which is what you're talking
about, the restrictions of certain things. They are also talking about they also required a
Conditional Use Permit, so that every time any business was going to be located there,
that you would get notice first, they would have to propose that it would be compatible
with your neighborhood, so they would have to come and talk to you. They would have
to show that the traffic would -- how they impacted, that traffic would be based on what
kind of business it is, restaurant versus an office, versus a convenience store. All of
those things they could consider, but all of those things would require notice to you, an
opportunity for a hearing, they would have to show what impact that would be on the
neighborhood before we could approve something like that. Some of what you said is
what they have recommended. I just wanted you to understand that, that some of what
you last said was what was recommended. I know that's not your personal preference,
but I just wanted you to know that's what was recommended to us.
Earl: I understand that you used the term I would be noticed -- notified, you know,
probably in the legal sense of the term that is not strictly correct, because I think legal
notification only requires 300 feet. My property line is 250 feet so therefore I would not
be notified. The only persons that are really notified are the two homes there that Mr.
Hall has --
Nary: Notice comes in different forms in the Idaho Code. It comes from posting, it
comes from notice on our agenda, it comes from notice that is printed in the paper, and
it comes from notices send to you. The intent of all that notice is that one of those
things will make you come here. Not that you have to have all four of them, but that you
get one of them in some manner. Some manner brought you here tonight and it's the
same manner that somehow you will get the same notice of what they want to put there.
Earl: Understood. Understood.
Nary: So that's how it works, so --
Earl: Okay. Any other questions?
Meridian City Council
November 6, 2002
Page 22 of 38
Corrie: Thank you. Mark Pearson. Is the testimony you're about to give the truth, the
whole truth, and nothing but the truth, so help you God?
Pearson: Yes, sir.
Corrie: Name and address, please.
Pearson: Mark Pearson. I live at 4247 Venture Place. I came to this meeting tonight
thinking that we were going to hear something about what actually was going to go in
there. I have the same concerns that all my neighbors have, is what is it going to do to
the property value. Will we end up being forced to go on city sewer and water? Traffic
is, of course, a very big concern and I purchased this property just this year. I'm located
here, so I get to see all the new development that's going on here and will there be
something there. I'm not opposed to seeing that develop, but I would have liked to have
heard a little more Comprehensive Plan of what might happen. Nobody can say what
that's going to do to property values. I'm not as concerned about that, because when I
purchased that property I intended to be there for, you know, quite some time. If ACHD
does decide to put a light in here, then, now, I'm going to get to hear traffic starting from
a standing stop, accelerating and going by there and I think that that's just going to -- it's
going to take away the rural atmosphere that there is at that point. Like I said, I just
thought that we might hear a little bit more of -- a little more of a plan. I understand that
Mr. Wylie needs to get this zoned before he even has a plan, but from talking to him
after last meeting, that's what I thought I was going to be attending the meeting tonight
to hear something. That's pretty much all I have to say.
Corrie: Thank you. Any questions? Anyone else? Okay. Mr. Wylie, if you would like
to answer some of those questions that were brought up.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Before that, we received a letter that was in our deal from some neighbors up
there disagreeing with this by the name of Dean and June Ellis, if you would note that.
Corrie: Yes. Correct. Okay. Let that be entered into the record, the letter received
from the Ellis’s.
Wylie: Mr. Mayor, Members of the Council, again, this property is on the
Comprehensive Plan as commercial. Many of the surrounding properties are
commercial. I believe that Fairview is being developed in a commercial retail-office, et
cetera, type of a manner. There may be traffic issues and, obviously, there are
concerns with the neighbors that we can address when we have a plan to put forward to
them in the comprehensive -- or in the Conditional Use Permit process. We are still at
the preliminary stage in this process and, again, we -- I request from you a vote for the
zoning and -- a rezone and annexation in compliance with the Comprehensive Plan.
Corrie: Okay. Are there any questions from Council?
Meridian City Council
November 6, 2002
Page 23 of 38
Bird: I have none.
Wylie: Thank you.
Corrie: Council, do you have any other questions that you want to hear on the Public
Hearing? If not, then, I will entertain a motion to close the Public Hearing on the request
for annexation AZ 02-015.
McCandless: So moved.
Nary: Second.
Corrie: Motion has been made and seconded to close the Public Hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I just had a couple of comments before we get, I guess, to the heart what this
request is, but I heard a lot of comments from the folks that testified about things that
probably could have been answered prior to the meeting, perhaps. One, when the
Comprehensive Plan was being discussed by the city, we didn't send out individual
notices to everybody in the city. There was quite a bit of advertising about it so this was
something that was -- has been on the drawing board for a couple of years. Okay. You
may not have had individual notice of it, but it has been something that has been out
there for a couple years. Within the confines of the city, there are no rural zones, there
are farm zones, and there are no agricultural zones in the city. All the Comprehensive
Plan is is what can -- what we expect will likely happen at some point in the future. The
fact that it's currently something else is fine. It doesn't matter. All that's anticipated and
what was anticipated on this particular property is that at some point in the future
someone would come forward and ask for it to be commercial and in conjunction with
the rest of this area, we felt that was probably likely what the proper zone would be,
because it's not a residential area on Fairview. I think the few homes that are left on
Fairview don't really want to reside there any longer either. It's not built for that
anymore. You folks didn't get that discussion, because you just weren't here at those
hearings, so I just wanted you to know that that was -- those are a little bit of how
Comprehensive Plans work. The issue here is an individual can come and ask us to
annex their property that is within our area of impact, we can provide service to, and
that's what they have asked for. They can ask for the zoning that's consistent with the
Comprehensive Plan, which is what they have asked for. They can always ask us for
that. We don't have to do it, but they can always ask. I guess my concern is this
particular property isn't any of those things. It's clear Mr. Wylie is within our area of
impact to provide services to that property and this is the zoning consistent with the
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November 6, 2002
Page 24 of 38
Comprehensive Plan. My only concern I guess today is we are adjacent to residential
property and I do think commercial is likely to be okay in that area. There are setbacks
requirements. There are Conditional Use requirements for buffers, screening, trees, to
lessen the impact of that piece of property on your home. That's the intent of a
Conditional Use Permit is to lessen that impact. There will be some impact to you.
There will be to everybody but the intent is to lower that impact to you. That's what we
are trying to do and that's why the Planning and Zoning Commission recommended a
Development Agreement, so there is a limitation on the kinds of businesses. You would
know that up front and that the Planning and Zoning Commission recommended a
Conditional Use Permit. Before they built anything, whether it's a convenience store, a
restaurant, a drive-thru, a fast food, a bank, whatever it is, that they would give you
notice so that you would know that something is happening there that you can come
and find out more about it before it happens. That's why they recommended that, to try
to address your concerns. My only concern on this is, again, although the developer is
not required to tell us what they want to built in the future, it's very difficult to make those
decisions in a vacuum. We have a piece of property on Meridian Road that we did that
on a residential development, that we annexed it with some concepts that they were
going to bring forward, but all we did was annex it and we didn't have anything else. By
the time, they brought anything else, none of it fit and the property was within our city.
We had an obligation to give them the opportunity to develop it, but we didn't know what
it was going to be. When they told us what it was, it didn't work, and we couldn't make it
work and we heard it over and over and over again, we still couldn’t make it work, and
we kept denying it. I guess that's my concern. I don't have an opinion yet, but I'm
always concerned when all we get is the annexation and the zoning request and we
don't know what it's going to be. Because if we annex you, we have to give you the
opportunity to develop it and I don't want to keep going back and forth, trying to do that
and try to make something fit that may or may not fit that you think it's going to be. All
we are going to do is frustrate you and frustrate these folks, when all you have got is
one piece of the puzzle and not the other and I recognize you don't have to bring them
all, but if you don't, it makes it very tough for us to want to do that. If there was a 40-
acre field behind this property, we don't have the same concern, because you're not
butting up against someone's backyard, someone else's house. Those things make it
awfully difficult for us to simply just say go ahead and we will annex it and zone it and
come back later and tell us what it is. Because these folks will be here, every single
time and you will, too, and we may be hearing this a whole lot of times and we still may
not get a resolution. That makes it tough.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think you said it much better and much longer than I would have.
Nary: Does it say attorney on here?
De Weerd: I think it does. You know, I do agree with most everything that Councilman
Nary said. I'm very concerned about request for annexation and zoning coming in front
of us without a plan we have had experiences in the past where it has not been
favorable to the city to do this. We have been fairly consistent with that rule since that
Meridian City Council
November 6, 2002
Page 25 of 38
happened, not to do this without a plan. We would like to say it, we would like to be
able to respond to the neighbors and be able to know that adding this into our city, it's
the right thing to do. Without a plan, it's difficult to justify doing that. I would also like to
agree with the neighbors in our notification. I do know our Planning and Zoning
Department has put together a suggested ordinance that increases the size of those
signs and also recommends neighborhood meetings. Hopefully, that ordinance is
coming down the road, because I do agree with you, you know, it is very difficult to find
out who likes to read those public notices. Really, when you have an empty field behind
you or surrounding you, you almost need to, because it is very difficult and it's a real
challenge for the city to notify people outside of the -- it would be impossible for our staff
to try and notify every single person that should be notified. We hope to do that with an
increased size of posting on a piece of property and also encourage the neighborhood
meetings. I would encourage you as you develop this -- and I know it's hard to market
without a zoning, but it is designated that in our Comprehensive Plan, so you do have
some benefit in your marketing abilities to show that. I agree with Councilman Nary, we
need to see a plan and it's been our experience and maybe our dedication that that's
kind of the approach that we would like to take to make a good, educated decision on
something that's going to impact our community and the surrounding neighbors.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I won't be as along. I travel that road numerous times from my office just about a
mile and a half down west of it. Fairview is horrible. Forty-one years ago, Fairview was
-- maybe at 12:00 and 8:00 was busy. Now it's -- I, too, agree with Bill and Tammy, that
this is the right zoning. I mean it's zoned out there for that but until I know what you are
bringing in -- I really question the road you say got to the east, as I go by there all the
time, that's why it's -- if it's a road, it's a horse path. We got some development going
just to the east of the old barn there. The fruit stand. Now, we got to kick everything out
into Venture that is a very busy street. Now, they are playing soccer out there on
Wednesday nights and stuff, getting through the stop signs, I, for one, hope that the
ACHD don't have to put a stop sign at Venture to cross there, because, man, that puts
stop signs about every quarter mile. When you're running late for work there is -- or
appointments it's kind of tough. But, I agree, until I see a plan I can't go for the
annexation and zoning. I want to know what you're coming in with and I don't think that
-- personally, I don't think there is items out there that would be bad, that would create
too much, but I can also see some retails and gas stations and stuff like that that really
could cause havoc and there is a lot of wrecks through there.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I also agree with my contemporaries, but to the people out there on
Venture, we have had this type of a situation before when we knew what was going in
there. We have had Public Hearings on it. The neighbors have come in and talked
about their concerns, and we have been able to alleviate most of the concerns and still
have that property -- people putting up commercial things on the property, with the
Meridian City Council
November 6, 2002
Page 26 of 38
thought of the neighbors behind them. They have lowered the lights, they have -- you
know, there are any number of things you can do and so when we know what's on a
piece of property, a commercial property, then you have that opportunity to come in and
allow us to make it easier. I agree that we shouldn't annex it until we know what's going
in there.
Corrie: Okay.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: If I can just make one more comment, so that when these folks leave tonight, I
don't to leave you with the wrong impression. Understand, regardless of what we do in
the future on this particular property, if it were commercial, a lot of the things that you
raise tonight may never be a consideration. The traffic impact in your neighborhood
may or may not be a reason to deny something, because it is the Highway District's
responsibility to deal with that traffic. It may or may not be a factor and many of you
brought that up, so I want you to understand that when you go home, that that may or
may not carry the day at some point in the future. How it may affect your property
values probably will not be a factor. In the law, it's not, because there is no way to
know. We have many small commercial developments with offices, stores, and the like
that are right against very expensive homes and they sell those homes. People buy
them and they resell them for a higher value, so there is really no way to know that just
because you live by a commercial piece of property that that will impact negatively your
property values. It does happen, it happens all the time you see it all around this town.
It just depends on how it's buffered, what it looks like, what it is -- so there is no way to
really know. I didn't want you to go home, because many of you brought that up,
without understanding that that may or may not make a big difference. I do agree with
what you said in that you need to know, at least so you can give us some input and we
can make a reasoned decision from that.
Corrie: Okay. If you're through talking, discussing, I will entertain a --
Nary: The rest talked as long as I did.
De Weerd: I don't think so.
Nary: Maybe combined.
Bird: I think Tammy gave you a close race by herself.
Corrie: Before we get too far, I will entertain a motion on the Number 12.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council
November 6, 2002
Page 27 of 38
Nary: I'm going to move that we deny AZ 02-015, request for annexation and zoning of
1.7 acres from RUT to a C-G zone for James Wylie by James R. Wylie, at the northeast
corner of Venture Street and East Fairview Avenue. That Council prepare Findings of
Facts and Conclusions of Law and Decision and Order pursuant to the discussion this
evening as to the reasons for the denial and an order and --
Bird: Second.
Corrie: Okay. Motion has been made by Mr. Nary and seconded by Mr. Bird. Is there
any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion for request is denied at this time.
MOTION CARRIED: ALL AYES
Item 12. Public Hearing: PP 02-017
Request for Preliminary Plat approval of 6
Silverstone Subdivision
building lots on 13.77 acres in a C-C zone for
No. 3
by Sundance Investments – southeast corner of East Overland
Road and South Eagle Road:
Corrie: Item Number 12 is a Public Hearing. This is a request for a Preliminary Plat
approval of six building lots on 13.77 acres in a C-C zone for Silverstone Subdivision
No. 3 by Silverstone -- excuse me -- Sundance Investments, southeast corner of East
Overland Road and South Eagle Road. At this time, I will open the Public Hearing and
have staff's comments first.
Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I won't go too much
into the surrounding uses. I think you're well familiar with the Silverstone project. This
is within Phase 1 of Silverstone. The intent of this Preliminary Plat, as stated in their
application, is basically to kind of reconcile lot lines with building footprints. You may
recall that there is a recent Conditional Use Permit approved for the lots there at the
northwest corner -- or, yes, northwest corner of the project. They have also received a
lot line adjustment that Brad Watson has signed off on, signed off on a lot line
adjustment in this area, so it -- the Preliminary Plat is to kind of reconcile some of that
previous actions that have already taken place out there. The Planning and Zoning
Commission is recommending approval. The applicant, I believe, is in agreement with
all of the recommended conditions that are in the recommendation from the Legal
Department. The plat is here on the screen. The landscape buffer is already in there
on Eagle Road. That's a separate common lot already developed, planted, et cetera.
They have generally just laid out their lot lines, as I said before, to comply with what's
out there. They would have to have a Final Plat that would come through, since there
are more than four lots, you would see a Final Plat on this in the future. That's all I
have.
Corrie: Thank you, Brad. Is the representative of Silverstone Subdivision No. 3 here
this evening? Is the testimony you're about to give the truth, the whole truth, and
nothing but the truth, so help you God?
Meridian City Council
November 6, 2002
Page 28 of 38
Anderson: It is.
Corrie: Name and address, please.
Anderson: My name is Ryan Anderson. My address is 1453 East Shellbrook. I am
here representing the applicant. Mostly I'm here to answer any questions or any
comments with regards to -- it is, as staff mentioned, we are just mentioning an existing
condition up there, the lot line adjustment, and some of the other applications that have
already been through here. We are in agreement with staff's recommendations and
don't have anything --
Corrie: Any questions of Mr. Anderson? All right. Thank you very much.
Anderson: Thank you.
Corrie: Is there anyone else who would like to issue testimony at this Public Hearing?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we close the Public Hearing.
Bird: Second.
Corrie: Motion has been made and seconded to close the Public Hearing on the
request for Preliminary Plat for Silverstone Subdivision No. 3. Any further discussion?
All in favor of the motion say aye. All eyes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
Nichols: Mr. Mayor, Members of the Council, I wasn't quick enough. Do we have the
date on that plat, so we can get it in the record? It's already in the record itself, but I just
want to make sure that the -- I have got the correct date on the Preliminary Plat.
Hawkins-Clark: We show July 15, 2002, 15. One five. It is only the plat that was
submitted to the record. There weren't any revised ones.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
Meridian City Council
November 6, 2002
Page 29 of 38
De Weerd: I would move that we approve the request for Preliminary Plat of six building
lots on 13.77 acres in a C-C zone for Silverstone Subdivision No. 3, to include staff
comments, P&Z recommendation, and ask the attorney to draw up Findings of Facts
and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for
Preliminary Plat by Silverstone Subdivision No. 3. Any further discussion? Hearing
none, roll call vote, Mr. Clerk.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes. Request for Preliminary Plat is approved.
MOTION CARRIED: ALL AYES
Item 13. Public Hearing: AZ 02-021
Request for annexation and zoning of 5.26
acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for
Tully Cove Subdivision
proposed by Ted Mason – west of North Linder
Road and south of West Ustick Road:
Item 14. Public Hearing: PP 02-018
Request for Preliminary Plat approval of 39
building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for
Tully Cove Subdivision
the proposed by Ted Mason -- west of North
Linder Road and south of West Ustick Road:
Corrie: Item Numbers 13 and 14 are both Public Hearings on Tully Cove Subdivision.
First is a Public Hearing on a request for annexation and zoning of 5.26 acres and
rezone of 2.4 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove
Subdivision by Ted Mason, west of North Linder Road and south of West Ustick Road.
Also, with Council's approval, we have a Public Hearing on a request for Preliminary
Plat approval of 39 building lots and 10 other lots on 7.3 acres in a proposed R-8 zone
for the proposed -- just two different things, I guess. Okay. I'm talking to myself.
Excuse me, for proposed Tully Cove Subdivision by Ted Mason. With the Council's
approval we can open both public hearings and your hear testimony on both. Certainly
no -- is that -- I will open the Public Hearing on Item 13 and 14 and staff comments first.
Hawkins-Clark: Okay. Thank you, Mayor, Members of the Council. The land out there
is -- the land out there is -- currently has split zones on it, as shown on the map. The
northern third, approximately, is currently already annexed with the R-4 zone, which is
the same as the Turtle Creek Subdivision, which it is adjacent to it. The southern
portion is in Ada County, so the developer, Mr. Ted Mason, has purchased both, and
the annexation request, then, is to basically rezone the northern portion there and
annex and zone and the southern portion. Item Number 13, then, they are asking for an
R-8 zone. The Planning and Zoning Commission has recommended approval of that.
Tully Park is, as you can see, immediately to the east of the project with Turtle Creek
Subdivision abutting it and I guess the one to the south. Here is -- the photo there on
the left is kind of looking out at -- from Turtle Creek and then the photo on the right
Meridian City Council
November 6, 2002
Page 30 of 38
looking down Linder Road, there is an existing house, that white house there that is on
the property that they are proposing to remove. There is also a silo on the property an
old one. I doubt there is any grain in it. The -- just a second. Okay. There is -- as you
can see, there is an existing six foot cedar fence -- I'm doing it again. Sorry about that.
These Public Works laptops. Okay. Here is their proposed plat. They have a single
entrance coming in off of Linder Road. It's right here. There is also -- they are utilizing
a stub street that comes in from the west -- southern portion of Turtle Creek right here,
so they have two ingress-egress points into the subdivision. They are proposed to be at
the standard 50-foot wide right-of-way width, 36-foot street sections, except for the
portion that is a loop and that's here in this southern portion of their project. This is a
park site, a small park site that is located here. There is also a park site that is located
here at the northwest corner. They do have reduced street widths here on this loop that
is surrounding the park right here. That's the 29-foot street sections that have gotten
much discussion in the past. Heritage Commons was approved with those. The
difference on this sub, they are proposing to have -- to paint the curbs around that for no
parking. Basically, it would be a fire lane. The housing type that they are proposing is
predominately attached housing. There are just three lots in the subdivision that are
proposed to have single-family detached houses and they are kind of evenly distributed
throughout the project. They have designed it so that more or less each of those --
each of the lots has a view of some kind of open space. They have got the detached
sidewalk coming in off of Linder Road there and then they also have all of the lots that
are here along the west boundary looking on this landscape buffer. Everyone here on
this loop road looks upon this private park area here. They have said in the application
that the kind of target audience for this is sort of your seniors, down-sizers, et cetera,
that are looking for your smaller lots with still pretty decent size houses, so they are
proposing to have I believe an average of 1,200 to 1,300 square foot houses in the
project. The Planning and Zoning Commission is recommending approval. The
recommendation is before you. I believe the applicant has stated they are in agreement
with all of the proposed conditions. There are just a couple of small modifications that
they would need to make when it comes time for Final Plat. With that, I will stand for
any questions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I see in our packet there must be a revised plat, so before our attorney has
to ask, what is the date on the most recent plat?
Hawkins-Clark: Yes. Thank you for asking. The revised one is October 16, 2002,
Revision C.
De Weerd: Thank you, Brad.
Corrie: Okay. Any other questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council
November 6, 2002
Page 31 of 38
Nary: I noticed, Brad, at the Planning and Zoning level there wasn't any public
testimony, but we did receive a letter from Ron Mahan, it looks like it was dated
th
November 4, not, I guess, objecting to the project as a whole, but having a concern
about the R-8 zoning and maybe if you could explain a little bit. It appears that all the
other zoning in this area is R-4. With this R-8, I guess I'm curious about some
discussion about the compatibility of that particular zoning in relation to all the remaining
houses in that area that seem to be R-4 and the density of this particular project in
comparison to the others and how it seems to be a question that always rears its head.
Hawkins-Clark: Right. The R-8 request was necessary because they do have a higher
density it's around seven dwelling units per acre. We have always considered, you
know, the single-family residential designation in the Comp Plan to -- you know, to allow
up to the R-8. We also have a policy in the Comp Plan that says if you're adjacent to
public parks, that we encourage higher density adjacent to public parks for easy access
there, you know, greater use of our facilities, et cetera. It's fairly well buffered on the
north. That's basically just -- I'll come back to that. It's the entry road to Turtle Creek
Subdivision, so we don't have the R-4 housing abutting on the north. There is an
existing house here that is actually a lot and block in Turtle Creek, but it was an existing
house. It's been there for several years. I think the -- you know, staff felt that the R-8 --
since design really has so much to do with density and if it's designed well. We felt that
this one, given the open space and the good quality housing product type that's
proposed, justified the higher density. A lot of times people will look at how many lots
abut the other existing lots, so you can see here there is one, two, three, four, five, six,
seven, eight existing houses in Turtle Creek that abut their west boundary. There are
one, two, three, four, five, six, seven, eight, nine, 10, 11, 12 -- 14. You're looking at
usually about one and a half to two lots abutting each existing single lot, which we have
seen several of those come through in the past. I think the setbacks are adequate and
it would work.
Nary: Thank you.
Corrie: Thank you. I had a question. Usually -- you mention that they are for smaller --
or for people who are down-sizing and usually I think of people that are down-sizing are
older people, such as myself, I had to put that there, but why would they want to go to a
park? Usually, they want to get away from all that noise and a skate park across there
that would be my only concern at this point. I will ask the developer that, but it seems
kind of strange to me that you're downsizing, you're going to get older people and you
have a park and skate park. Just my thought. I'll ask the applicant.
Hawkins-Clark: Yes.
Corrie: Okay. Any other questions? Okay. Is the applicant here this evening? Is the
testimony you're about to give the truth, the whole truth, and nothing but the truth, so
help you God?
Mason: Yes.
Corrie: Thank you. Name and address, please.
Meridian City Council
November 6, 2002
Page 32 of 38
Mason: My name is Ted Mason. Mr. Mayor, Members of the City Council, thank you
for this opportunity. My name is Ted Mason. Mr. Bob Rainford, the owner of the
property, and I are co-developing this and we have an office at 4323 North Sharon Drive
in Meridian. As has been stated, we are proposing to construct 36 single-story town
homes and three single-story patio homes on 7.3 acres of land, with extensive
landscape open space. There will be approximately 12.8 percent of the area or 40,700
square feet of landscaping. Each home does face out on a common space. The
homes will be completed with above-average finishes and will appeal to, as has been
mentioned, empty nesters, down-sizers, and retirees. The lots are intentionally smaller
in size. There will be common maintenance of all front yard landscape and beds,
including the common areas, and the private property and snow removal from all
sidewalks and driveways is provided. All homes will be sold to homeowners and what
we have found on the other communities that we have developed of this nature, that
people are attracted to it. They feel free to snowbird or leave their home for a duration,
feeling comfortable that things are looked after and they have neighbors around them
that can look out for them of a similar age group and demographic. The price range of
the homes will be 100 to 105 dollars per square foot for homes 1,200 to 1,600 square
feet or 120,000 dollars to 160,000 dollars. We are requesting an R-8 zone. The density
per acre is 5.34 units per acre. Turtle Creek is just under four units per acre for
comparison. This proposed community is, we believe, compatible with surrounding
property uses and in compliance with the Meridian City Comprehensive Plan. To speak
to the concern about a skate park, the shaded area to the right of the -- to the right of
the screen will be bermed and landscaped and I don't dispute that that's probably a
louder -- did I say left? Sorry. A louder use than some may choose, but I believe you
have hour restrictions on the use of that park; is that correct? I'm not supposed to ask
questions. I'm not supposed to ask questions. I'm sorry. We are in agreement with the
staff report and conditions and I visited with all adjacent property owners in their homes
to discuss this development, including the gentleman who wrote the letter. A
neighborhood meeting was held at Tully Park, to which all property owners within 300
feet were invited, and the Turtle Creek Homeowners Association Board were addressed
concerning this development and I respectfully request approval of the applications
before you. Thank you. I'll stand for questions.
Corrie: I guess the question comes to mind what did they say?
Mason: They were very supportive. This gentleman that wrote the letter was
concerned, Mr. Mayor. He is one of the adjacent property owners to the west. That
was his concern, the density. He didn't have anything opposing anything in his -- what
he said to me opposing the use, but just felt that the density was higher than Turtle
Creek.
Corrie: Questions from Council?
Bird: I have none.
Corrie: Thank you. Is there anyone else that would like to issue testimony? Is the
testimony you're about to give the truth, the whole truth, and nothing but the truth, so
help you God?
Meridian City Council
November 6, 2002
Page 33 of 38
Warnick: Yes. My name is Lance Warnick and I am an engineer on this project. I work
for Treasure Valley Engineers. Address is 1117 Caldwell Blvd. in Nampa 83651. I just
wanted to make one comment and see if there were any technical questions. As was
stated by staff and also Mr. Mason, the homes that are being presented here, for the
most part, are zero lot line homes and so if you look -- I'm going to walk over here for
just a minute. Each of the lots that will face up to the development, there is a lot here, a
lot here, a lot here, the neighboring property owners, when they look in the backyard
they will see a single building, because it will be one building on two lots. It looks like a
much higher density -- excuse me -- a compatible use, it looks just like the typical
subdivision and I think that was just a point to bring to your attention. With that, I'll stand
for questions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: You have a lot of nice open space in it. Do you have -- one of the
disadvantages of looking on a computer screen is visualizing, because it's rather small.
Do you have amenities in this open space, in particular in the circled area, or, you know,
how are you landscaping it? It's more of a curiosity than --
Warnick: I think I'll let Mr. Mason address that.
De Weerd: Okay. Sorry. I apologize for not asking you when you were up here.
Mason: Mr. Mayor, Members of the Council, Mrs. de Weerd, there are lots of amenities
right across the street at Tully Park and the landscaping here will be primarily -- with the
exception of the berm along Linder, will be flat grass areas with trees planted, for the
landscape plan, which was submitted. So more of just an open space without
amenities.
De Weerd: But you will have plantings, then?
Mason: Plantings, yes. Very much so.
De Weerd: Okay. I call plantings amenities.
Mason: I have seen things like horseshoe pitches and --
Nary: A table, a bench, or those kinds of things? I mean I think of those as amenities.
Mason: Those are the things that I --
Nary: Yes and I think of those kind of things as -- you know, for the -- I guess the
people that you're marketing this to, you know, it doesn't -- grandkids might be skating
across the street, but this particular thing, is it meant as a drainage? Is it just for
drainage or is it really usable open space? I mean plantings might be an amenity, but I
would think more of things like a table or benches or those kinds of things, so you can
use it outside and go outside to use it. Is that contemplated at all?
Meridian City Council
November 6, 2002
Page 34 of 38
Mason: Mr. Mayor, Councilman Nary, it was not to this point. The idea was to
something visually appealing, but I think your idea is an excellent one. We should
include some areas where you can picnic or just sit and visit.
Nary: Okay. Thank you.
Corrie: Us older people like to sit down a lot. Every Tuesday night. Thank you very
much. Is there any other testimony from the public? Okay. Questions from the Council
on the Public Hearing? Okay. I'll entertain a motion to close the Public Hearing on the
request for annexation and zoning and also the request for Preliminary Plat.
De Weerd: So moved.
Bird: Second.
McCandless: Second.
Corrie: Motion has been made and seconded. Any further discussion? All those in
favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Discussion on Item Number 13, request for annexation and zoning? Any
discussion?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Hearing no discussion, I would move that we approve AZ 02-021, request for
annexation and zoning of 5.26 acres and a rezone of 2.40 acres from RUT to R-4 zone -
- to R-8 zone for the proposed Tully Cove Subdivision by Ted Mason, west of North
Linder Road and south of West Ustick Road and for the attorney to draw up the Finding
of Facts and Conclusions of Law and Decision of Order and to incorporate staff
recommendations.
De Weerd: Second.
Corrie: Motion has been made and seconded to approve the request for annexation of
AZ 02-021. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Corrie: Now, the request for Preliminary Plat. Item Number 14, Preliminary Plat 02-
018.
Meridian City Council
November 6, 2002
Page 35 of 38
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve PP 02-018, the request for a Preliminary Plat and
the date on that plat is July 15, 2002, I believe. The approval of 39 building lots and 10
other lots on 7.30 acres in a proposed R-8 zone for the proposed Tully Cove
Subdivision by Ted Mason, west of North Linder Road and south of West Ustick Road,
for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision
of Order and to incorporate all staff recommendations.
De Weerd: Second.
Corrie: Motion has been made and seconded for the Preliminary Plat. Is there any
further discussion?
th
Hawkins-Clark: I'm sorry, Mr. Mayor. Excuse me. The date was October 16, not
seven.
th
Bird: Thank you. I thought it was July 15.
Corrie: You're giving our attorney the wrong --
Bird: Giving the attorney the wrong advice. He was nodding with me.
Corrie: Okay. Roll call vote -- or further discussion? Roll call vote, Mr. Berg?
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion is carried and approved.
MOTION CARRIED: ALL AYES
Corrie: That ends the Regular City Council Meeting and I will entertain a motion for
adjournment.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Before I make a motion to adjourn, an item that came up during the
captains meeting at the fire station this morning, they made comment that Station
Number 2 has a higher energy bill than Station Number 1 and I thought a couple
months ago we passed an energy audit. Will our fire stations be part of that audit?
Corrie: Yes.
De Weerd: Okay.
Meridian City Council
November 6, 2002
Page 36 of 38
Corrie: Every building we have and if we happen to build a new one, that will also be
part of that, so -- I talked to them and they are supposed to be over here. I'll call them
again tomorrow.
De Weerd: Okay so that will take place soon?
Corrie: Yes. That includes that fire station.
De Weerd: Excellent. Thank you very much. I move that we adjourn.
Corrie: Okay. Is there a second?
Nary: Second.
Corrie: All those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 9:07 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
ROBERT D. CORRIE, MAYOR DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK